Tajunnisa v. Sk.Mustaq Ahmed
Case brief
What is this about?
The petitioner wife sought transfer of a Guardian O.P. filed against her husband from Guntur to Hyderabad. Relying on the admitted residence and schooling of the children in Hyderabad and the wife's safety concerns in Guntur, thecourt ordered the transfer.
What did the court decide?
Transfer of Guardian O.P. No. 283/2015 from Principal District Judge, Guntur to Family Court, Hyderabad.
What the court decided
A compact analysis
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THE HON'BLE SRI JUSTICE S. RAVI KUMAR
Tr.CMP.No.340 of 2015
Date:21.07.2016
Between: Tajunisa ... Petitioner. AND Sk. Mustaq Ahmed ...Respondent.
The Court made the following:
THE HON'BLE SRI JUSTICE S. RAVI KUMAR
Tr.CMP.No.340 of 2015
ORDER:
This application is filed to withdraw G.W.O.P.No.283/2015 on the file of Principal District Judge, Guntur and transfer the same to Chief Judge, City Civil Court, Hyderabad.
2. Wife filed this application and according to her affidavit, her marriage was performed on 05-09-2004 at Yellandu of Khammam District as per Muslim Religious Rites and Custom and marriage was immediately consummated. She stated that out of wedlock, a female and male child were born, who are aged about 8 & 5 years respectively. She stated that two years after the marriage, she and her husband lived at Mudigonda Villiage of Khammam District and thereafter, respondent was transferred to Ponnur and that she was transferred to Tenali. She stated that thereafter due to harassment both physical & mental from the respondent and differences, she is living with her parents as she was mercilessly thrown out from the matrimonial home along with her children on 22-07-2012.
Issues for consideration
2 issues framed by the court
Whether the Guardian O.P. regarding child custody should be transferred to Hyderabad for disposal.
Whether the allegations of harassment and lack of safety at Guntur warrant the transfer of the proceeding.
Parties & counsel
- petitioner
Tajunisa
- respondent
Sk. Mustaq Ahmed
Coram
S. RAVI KUMAR
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · July
- Registered
- Case no.
- TRCMP/340/2015
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